23 results for 'cat:"Construction" AND cat:"Government"'.
J. Andrews finds a lower court properly dismissed a local resident's objections to a proposed development. The local resident argued that the housing and community authority forged development plans for a crematorium and ceremony hall in a Green Belt, which violates the Town and Country Planning Act of 1990 based on its location in a flood risk zone. However, the planning committee sufficiently showed court that it followed a site- specific flood risk assessment drawn up by a structural engineer company, which determined that the land is not a flood risk.
Court: Her Majesty's Court of Appeal, Judge: Andrews, Filed On: May 10, 2024, Case #: CA-2023-388, Categories: construction, Environment, government
J. Falk finds a lower court improperly dismissed a group of developers' motion for judicial review concerning a tax imposition by revenue and customs. The tax authority argued that it was entitled to impose Construction Industry Scheme regulations on the developers in order to halt employees from engaging in tax evasion. However, the developers sufficiently showed in court that there is no such requirement to obtain a credit against their own liabilities for the amount that they are obligated to pay to the tax authority. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Falk, Filed On: May 9, 2024, Case #: CA-2023-952, Categories: construction, government, Tax
J. Zipps denies the Tohono O'odham Nation, San Carlos Apache Tribe, Archaeology Southwest, and the Center for Biological Diversity's motion for restraining order and injunctive relief concerning claims that the U.S. Bureau of Land Management violated the National Historic Preservation Act by authorizing the construction of a transmission line without taking measures to assess the impact it would have on the Traditional Cultural Properties and local Native American tribes. The land management authority presented sufficient evidence in court that it properly solicited feedback from the tribes during the process and invited them to consult on various assessments on the historic property.
Court: USDC Arizona, Judge: Zipps, Filed On: April 16, 2024, Case #: 4:24cv34, NOS: Environmental Matters - Other Suits, Categories: construction, government, Native Americans
J. Lindbom finds a lower court properly dismissed an energy company's "unfairly distorted" ruling in favor of the secretary of State for energy security and net zero concerning a proposed development of two offshore windfarms. The energy company argued that the proposed development was in the interest of the public. However, the government's impact environmental assessment showed that the majority of nearby landowners objected to the development and that the project would be detrimental to nearby habitats, cultural heritage, and landscapes.
Court: Her Majesty's Court of Appeal, Judge: Lindblom, Filed On: March 22, 2024, Case #: CA-2023-1527, Categories: construction, Environment, government
J. Dorrian finds the lower court properly granted the state of Ohio's motion to dismiss the construction company's interference with a contract claim. Although the company's income fell significantly after certain projects were diverted to another agency within the state, the agencies assigning and completing the work are both arms of the state and, therefore, the company could not satisfy the outside party requirement of the claim. However, because evidence in the record shows the state agencies misled individuals about whether certain projects were covered by the construction company's services contract with the state, it has stated a viable contract claim, which will be reinstated upon remand. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: March 7, 2024, Case #: 2024-Ohio-824, Categories: construction, government, Interference With Contract
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J. Benton finds a lower court properly dismissed an affiliated group of Native American tribes' challenge of a grant of drilling applications on behalf of a exploration company. The three tribes argued that the approvals violate the Administrative Procedure Act, and that the drilling project is a detriment to its source of drinking water. However, the exploration company sufficiently showed in court that the project was aligned with statutory and regulatory guidelines. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: March 5, 2024, Case #: 22-2459, Categories: construction, government, Native Americans
J. Vitter grants summary judgment to a minority-owner of a joint venture of general contractors formed to obtain construction work on prison buildings in New Orleans, dismissing the majority-owner's demands for a total of $6 million in capital contributions it made on behalf of its estranged minority partner. The ruling finds the joint venture agreement requires an executive committee's approval of the need for capital contributions to bind the two contractors and partners. The language of the joint venture agreement makes it clear the minority partner is not in default of the contract since the executive committee did not unanimously approve the majority partner’s capital contribution.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: February 16, 2024, Case #: 2:22cv5323, NOS: Other Contract - Contract, Categories: construction, Evidence, government
J. Prouty denies the contractor's appeal alleging unstable site conditions of a bank of a drainage canal on which it was contracted by the Army Corp of Engineers to complete an armoring project. Though the contractor says the government mischaracterized the conditions, contractual specifications, though not alerting the contractor to the problems encountered, were not affirmatively misleading, as none of the work was located at or near the area where the problems arose.
Court: Armed Services Board Of Contract Appeals, Judge: Prouty , Filed On: February 2, 2024, Case #: 62257, Categories: construction, government, Contract
J. Mclish denies both the Navy's and the contractor's motions for summary judgment. Bilateral changes were made to the parties' contract, including various construction projects at the Philadelphia Naval Business Center. The contractor submitted a claim for $1.3 million for delays. The Navy has not established that any of its terms bar the contractor's claims, as the claims do not relate to the specific subject matters addressed by the modifications. The modifications are also ambiguous as to whether the parties intended them to cover the subject matter of the delay claims.
Court: Armed Services Board Of Contract Appeals, Judge: Mclish , Filed On: January 25, 2024, Case #: 63240, Categories: construction, government, Contract
J. Lagesen finds the Land Use Board of Appeals (LUBA) properly granted Tillamook County’s motion to dismiss for lack of jurisdiction petitioners’ appeal of a county order that temporarily paused the county’s processing of applications for new short-term rental (STR) permits. LUBA reasoned that the county’s order did not affect petitioners’ ability to build the dwellings they intended to use as STRs. Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: January 10, 2024, Case #: A182566, Categories: construction, government
J. Mcilmail denies, in part, the government's motion to dismiss the contractor's claim. Although the board lacks jurisdiction over the contractor's claim for government-caused project delay and for more than $1 million in damages, it does have jurisdiction over its challenge to the government's termination of its contract by default.
Court: Armed Services Board Of Contract Appeals, Judge: Mcilmail , Filed On: December 21, 2023, Case #: 63461, Categories: construction, government, Contract
[Consolidated] J. McLish denies the government's motion to dismiss the contractor's appeals on behalf of its subcontractors. The subcontractors say work on the construction of a building for the National Geospatial-Intelligence Agency in St. Louis was hindered and delayed by government responses to Covid-19, as well as cost increases. The complaint adequately asserts constructive changes entitling the contractors to equitable adjustment pursuant to the contract's “Changes” clause, constructive suspensions of work and breaches of the government’s implied duties.
Court: Armed Services Board Of Contract Appeals, Judge: McLish , Filed On: December 20, 2023, Case #: 63571, Categories: construction, government, Contract
J. Clay finds the lower court erroneously dismissed the minority-owned construction company's suit in its entirety. Its claims were not based merely on a disappointed bidder theory, but included allegations of race discrimination that gave it standing to pursue claims against the city. The allegation a white-owned contractor was given the construction project despite the minority-owned business bidding more than $1 million less creates a plausible race discrimination claim against the township, and so that portion of the suit will be reinstated. Reversed in part.
Court: 6th Circuit, Judge: Clay, Filed On: November 30, 2023, Case #: 22-2131, Categories: Civil Rights, construction, government
J. Vitter denies a request by a construction company to dismiss claims of breaches by its estranged partner in a joint venture to obtain a public contract for a prison building project in New Orleans worth more than $144.9 million dollars. The former business partner has not met its burden of proving that the construction company’s legal claims have expired. The loans at issue in the suit are sufficiently intertwined with and dependent upon the underlying joint venture agreement such that the ruling finds that the litigation is one for breach of their agreement and not an “action on money lent.”
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: September 15, 2023, Case #: 2:22cv5323, NOS: Other Contract - Contract, Categories: construction, government, Contract
J. Griffin finds the district court properly found for the government on a general contractor's challenge to the constitutionality of the Occupational Safety and Health Act. Constraints placed on the Occupational Safety and Health Administration by the legislation that created it sufficiently limit its authority to craft nationwide workplace safety standards such that it does not violate the nondelegation provision. Although there are not a large number of restrictions regarding the type of rules OSHA can implement in the workplace, the Act's "reasonably necessary and appropriate" language passes the "intelligible principle" test established by the Supreme Court. Affirmed.
Court: 6th Circuit, Judge: Griffin, Filed On: August 23, 2023, Case #: 22-3772, Categories: Constitution, construction, government
[Consolidated.] J. Penzato finds that while the trial court properly ruled in favor of the prime contractor on its claim against the state agency involving a bridge repair project, it should have sided with the subcontractor on its claim against the prime contractor for money owed for stockpiled materials. The evidence does not support the agency's position that it overpaid the prime contractor and was entitled to "claw back" funds. Also, the prime contractor's argument that the subcontractor was not a "claimant" lacks merit since there was no "pay-if-paid provision" between the parties. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: August 16, 2023, Case #: 2022CA1301, Categories: construction, government, Contract
J. Lindblom finds a lower court properly dismissed a historic building trust's motion for judicial review concerning a local borough's grant of planning permission for a mixed use development. The historic building trust argued that the decision was unfair based on the absence of a vote, and that the presiding judge erred in tossing out claims that the proposed development should be deferred due to local opposition. However, the local borough presented sufficient evidence in court that the only parties who are entitled to vote on the matter are counsellors and committee members who have been involved in the proposal throughout planning permission. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lindblom, Filed On: July 31, 2023, Case #: CA-2022-2041, Categories: construction, government, Housing
J. Wright finds the trial court improperly adopted the award of the special commissioners who were appointed pursuant to Texas seeking to condemn one-tenth of an acre of private land in furtherance of a highway widening project. The state's objections to the award were timely, and the court was required to proceed under property code to consider them in due form. Reversed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: July 27, 2023, Case #: 09-22-00055-CV, Categories: construction, government, Property
J. Stuart- Smith finds a lower court properly dismissed a resident's challenge of a grant of planning permission to a local borough. The resident argued that the grant of planning permission to redevelop land involved the wrongful felling of four mature trees, in violation of the original application. However, the local borough presented sufficient evidence in court that it amended its plan to go forward with construction without taking down "trees of significant amenity" or "ecological/ habitat conservation value." Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stuart- Smith, Filed On: July 11, 2023, Case #: CA-2022-2463, Categories: construction, government, Contract
[Consolidated.] J. Woodrow denies the contractor’s appeals of the Air Force’s denial of compensation costs for a second tensile strength test on a design-build contract for the replacement of a bridge at Joint Base San Antonio, Texas. Due to the late arrival of a concrete truck and the resulting inconsistently cured foundation, a second foundation had to be poured after the destruction of the first. The Air Force properly put the contractor on notice of the need for a second tensile strength test when it commented on the designer’s recommendation, and the test was reasonable and necessary to ensure the bridge deck integrity. The signed final inspection is not equivalent to acceptance.
Court: Armed Services Board Of Contract Appeals, Judge: Woodrow, Filed On: May 25, 2023, Case #: 63353, Categories: construction, government, Contract
J. Taylor denies the Army Corps of Engineers’ motion to dismiss this suit seeking damages of over $1.6 million for the government’s alleged delay of its completion contractor’s performance for the design and construction of quarters and dining facilities at the Naval Support Activity Bahrain. The government terminated the construction contractor’s right to proceed for failing to meet progress schedules which caused permit and scheduling issues with the completion contractor. Events relating to the delay claim are based on a common set of operative facts. The bank has also provided separate sums for its claims resulting from the alleged contract change to other issues resulting from road closure requirements.
Court: Armed Services Board Of Contract Appeals, Judge: Taylor, Filed On: May 24, 2023, Case #: 63278, Categories: construction, government, Contract
J. Winchester finds the district court properly granted the Oklahoma Turnpike Authority’s motion to dismiss an anti-turnpike advocacy group’s challenge to its authority to construct three proposed turnpikes. The court has exclusive, constitutional, original jurisdiction to determine whether the authority may construct the turnpikes in the bond validation matter. The advocacy group fails to establish that they have a clear legal right to injunctive or mandamus relief. Their claim is entirely dependent upon the court exercising exclusive jurisdiction in the bond validation proceeding. Affirmed.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: May 23, 2023, Case #: 121039, Categories: Constitution, construction, government